Lewis, et al v. Russell, et al

Filing 528

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/23/17, ORDERING that Robert Zehnder, as Personal Representative of Charles H. Lewis, is SUBSTITUTED as a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Le wis (Deceased) for purposes of the City's counter claims against Lewis only. The Estate of Charles H. Lewis (Deceased) is SUBSTITUTED as a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of the Non-Probate Parties' respective counter claims against Lewis only. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 JENNIFER HARTMAN KING (Bar No. 211313) ALANNA C. LUNGREN (Bar No. 269668) TYLER BOWLIN (Bar No. 305715) KING WILLIAMS LLP 520 Capitol Mall, Suite 750 Sacramento, CA 95814 Telephone: (916) 379-7530 Facsimile: (916) 379-7535 JHartmanKing@KingWilliamsLaw.com ALungren@KingWilliamsLaw.com TBowlin@KingWilliamsLaw.com BEST, BEST & KRIEGER LLP HARRIET A. STEINER (Bar No. 109436) 500 Capitol Mall, Suite 1700 Sacramento, CA 95814 Telephone: (916) 325-4000 Facsimile: (916) 325-4010 Harriet.Steiner@bbklaw.com Exempt From Filing Fees Pursuant To Government Code Section 6103 Attorneys for Counter Claimant CITY OF DAVIS KING WILLIAMS LLP 520 CAPITOL MALL, SUITE 750 SACRAMENTO, CA 95814 TEL: (916) 379-7530 / FAX: (916) 379-7535 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 CHARLES H. LEWIS AND JANE W. LEWIS, v. STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED); ROBERT D. RUSSELL, ET AL., [PROPOSED] ORDER Plaintiffs, 18 19 20 Case No.: CIV S-03-2646 WBS AC Defendants, 21 [Fed. R. Civ. P. 25, Cal. Prob. Code 9370 and Cal. Prob. Code 500 et seq.] 22 23 24 25 AND RELATED COUNTER, CROSS AND THIRD-PARTY CLAIMS. 26 27 28 00015956.6 STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED); [PROPOSED] ORDER STIPULATION 1 2 Counter Claimant City of Davis (the “City”) and Counter Defendants Charles H. Lewis 3 (Deceased) and Jane W. Lewis (Deceased) (“Lewis”) (the City and Lewis are referred to 4 collectively herein as the “Probate Parties”); Counter Claimants The Davis Center, LLC, Emily 5 A. Stover, individually and as Trustee of the Stover Family Trust and as Personal Representative 6 for Melvin Stover (Deceased), and Richard Albert Stinchfield, individually and as Trustee of the 7 Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara Ellen Stinchfield 8 Testamentary Trust (collectively, “Landowners”); and Counter Claimants Potter Taylor & Co., 9 Potter, Long, Adams & Taylor Ltd., Potter-Taylor & Scurfield, Inc., Potter-Taylor, Inc., and 10 Davis Center (collectively, “Potter Taylor”) (the Landowners and Potter-Taylor are referred to 11 collectively herein as the “Non-Probate Parties”), by and through their respective counsel, hereby 12 stipulate as follows: 13 WHEREAS, on or about December 2, 2008, Charles H. Lewis filed a Statement of Death 14 in the above-captioned action (“Action”), suggesting upon the record the death of his wife, Jane 15 W. Lewis (Docket No. 257); 16 17 WHEREAS, upon Jane W. Lewis’s death, all claims against her in this action passed to Charles H. Lewis pursuant to California Probate Code Sections 13550 et seq.; 18 WHEREAS, on or about March 7, 2017, Charles H. Lewis’s counsel filed a Statement of 19 Death in the Action, suggesting upon the record the death of Charles H. Lewis and Jane W. Lewis 20 (Docket No. 518); 21 WHEREAS, on May 22, 2017, the Superior Court of California for Yolo County duly 22 appointed Robert Zehnder as Personal Representative of Charles H. Lewis in Case Number 23 PB17-94; 24 WHEREAS, on May 22, 2017, Robert Zehnder obtained Letters of Administration 25 granting him, as Personal Representative, full authority to administer the Estate of Charles H. 26 Lewis under the Independent Administration of Estates Act; 27 WHEREAS, on May 25, 2017, the City filed and served a creditor’s claim regarding 28 claims arising out of this Action against Charles H. Lewis, in compliance with Section 9390 of 00015956.6 -1STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED); [PROPOSED] ORDER 1 2 3 the California Probate Code; WHEREAS, on June 1, 2017, Robert Zehnder, as Personal Representative of Charles H. Lewis, notified the City of his rejection of the City’s above-referenced creditor’s claim; 4 WHEREAS, Robert Zehnder, as Personal Representative of Charles H. Lewis, hereby 5 acknowledges actual notice of this Action and subjects himself to the jurisdiction of this Court in 6 this Action; 7 8 9 10 WHEREAS, the Non-Probate Parties have not filed and served a creditor’s claim against Charles H. Lewis pursuant to Section 9390 of the California Probate Code; WHEREAS, the Probate Parties and the Non-Probate Parties have counter claims pending in this Action against Lewis; and 11 WHEREAS, Lewis dismissed with prejudice all claims previously asserted in the Action 12 against the Probate Parties and the Non-Probate Parties on or about December 19, 2013 (Docket 13 No. 469). 14 NOW THEREFORE, the Probate and Non-Probate Parties hereby stipulate as follows: 15 1. Robert Zehnder, as Personal Representative of Charles H. Lewis, is substituted as a 16 party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis 17 (Deceased) for purposes of the City’s counter claims against Lewis only. 18 2. The Estate of Charles H. Lewis (Deceased) is substituted as a party to this Action in 19 place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of 20 the Non-Probate Parties’ respective counter claims against Lewis only. 21 22 Dated: June 23, 2017 23 Respectfully submitted, Schuering Zimmerman & Doyle, LLP 24 /s/ Keith D. Chidlaw (as authorized on June 19, 2017) __ Keith Chidlaw 25 26 Attorneys for Counter Defendants Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased), Robert Zehnder, as Personal Representative of Charles H. Lewis, and Estate of Charles H. Lewis (Deceased) 27 28 00015956.6 -2- STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED); [PROPOSED] ORDER 1 2 Dated: June 23, 2017 Respectfully submitted, King Williams LLP 3 4 5 /s/ Jennifer Hartman King_________________ Jennifer Hartman King 6 Attorneys for Counter Claimant City of Davis 7 8 Dated: June 23, 2017 Respectfully submitted, 9 KOELLER, NEBEKER, CARLSON & HALUCK, LLP 10 /s/ Peter Dye (as authorized on June 22, 2017) ______ Peter Dye 11 12 Attorneys for Counter Claimants The Davis Center, LLC; Emily A. Stover, individually and as Trustee of the Stover Family Trust and as Personal Representative for Melvin Stover (Deceased); and Richard Albert Stinchfield, individually and as Trustee of the Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara Ellen Stinchfield Testamentary Trust 13 14 15 16 17 Dated: June 23, 2017 Respectfully submitted, 18 Law Offices of Francis M. Goldsberry 19 20 /s/ Francis M. Goldsberry (as authorized on June 19, 2017) Francis M. Goldsberry III 21 Attorneys for Counter Claimants Potter-Taylor & Co.; Potter, Long, Adams & Taylor, Ltd.; Davis Center; PotterTaylor, Inc. and Potter Taylor & Scurfield, Inc. 22 23 24 25 26 27 ORDER Pursuant to the foregoing Stipulation, IT IS SO ORDERED. Dated: June 23, 2017 28 00015956.6 -3- STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED); [PROPOSED] ORDER

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